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Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....nd issued interview letters and finally the accused-petitioners were appointed to various posts under the Land Ministry. 3. The informant himself conducted part of the investigation and, after his transfer, an Inspector named MA Kabir concluded the investigation and submitted charge-sheet on 12-9......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
.... others......................Plaintiff-Opposite-Parties Judgment February 23, 2012. Result: The rule is made absolute. As per section 54 of Transfer of Property Act sale is a transfer of ownership i.e. actual sale and actual sale means transfer by registered document and unl......ction 54 of Transfer of Property Act sale is a transfer of ownership i.e. actual sale and actual sale means transfer by registered document and unless agreement/bainama converted to a registered sale deed it merely an agreement binding the parties to the agreement, not a transfer of title to be used..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)
....is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......ourt Division may obtain such opinion for the purpose of effectually and completely adjudicate upon and settle all questions involved in the suit. It can send the disputed signatures appearing in the deed of agreement with the admitted signatures of the defendant for comparison by a handwriting expe..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....e is not binding upon the plaintiffs of Title Suit No. 92 of 2000 renumbered as Title Suit No. 155 of 2001 and upon revival of Title Suit No.168 of 1991 the learned District Judge is also directed to transfer the same to any competent Court for disposal starting from the stage before, filing of......ot No.1768 while the remaining properties left behind by Badsha Miah fell in the share of defendants of Title Suit No.168 of 1991. This witness also produced Exhibit Kha. He also produced a sale deed baring No. 6280 dated 7-12-98 executed by Rezia in favour of one Habibur Rahman marked as Exhib..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....not grant lease of any part of waqf property in perpetuity with prior sanction of the Administrator. The language used in this section is so explicit that the mutawalli can exercise the right of transfer by way of lease for a period exceeding 5 years with prior approval of the Administrator. ......which are succinctly narrated below: Appellant is a mutawali of a Waqf Estate who instituted Title Suit No.26 of 1992 (the plaintiff) against the respondent Nos.1-3 seeking nullity of lease deed dated 18th May, 1965 executed by his father Ahidulla as mutawalli of the waqf eatate in favour ..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)
....pears for either of the parties. Record shows that this appeal was filed in 1989 and was numbered as Criminal Appeal No.42 of 1989. Subsequently it was renumbered with its present number, possibly on transfer from Comilla Bench, though the reason of such renumbering is not recorded. However, in view......ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 29 Jan, 2012 | Hits: 169
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
.... Nawabgonj College and RS khatian No.243 was prepared in the name of Jitendra Nath Saha in respect of 0.6368 acre of land and the rest of the land of CS Plot No. 509 was recorded in the name of other transferee Saiful Islam. That Jitendra Nath Saha was living in the then East Pakistan and thereafter...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....nt No.2 and defendant No.3. But, Bridg. General M. Atiqur Rahman, defendant No.3, did not put his signature on the deed of agreement. She requested the defendants to take steps so that the process of transfer of the suit flat to any one else could be not completed till disposal of his complaint. ......uilding by giving the 7th storey foundation and when construction of the 5th floor was about to be started, on the demand and pressure of defendant No.3, the defendants had to execute a supplementary deed of agreement on 16-8-2004. And as per terms of the said supplementary agreement out of 10 flats..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....charge-sheet against the petitioner on 18-6-1993 under section 19A and (f) of the Arms Act. 4. Thereafter the accused-petitioner moved an application before the learned Sessions Judge, Dhaka, to transfer the case to the Juvenile Court stating that the age of the accused-petitioner was below 16 ......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
...., from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ...... also five katcha rooms, latrine etc. within the suit land and has been possessing the same through his caretaker and staff. That it was agreed that the defendant will execute and register the kabala deed in favour of the plaintiff after mutating the suit land in his name and obtaining other require..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... of the Purchaser-Second Party and the Vendor-First Party shall make no payment whatsoever on these two accounts. 4. It is further understood by the parties hereto that the registration fees and transfer fee payable to DIT shall be paid by the Purchaser-Second Party and the Vendor-First Party s......ws: The plot of land in dispute measures one bigha ten kathas, and five chataks and has structures standing thereon. Amenah Begum Ali Ispahani owned and possessed the same by way of a registered deed of lease dated 18.06.1966 executed between herself as lessee and the Dhaka Improvement Trust (n..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....s D.W.4. The trial court has quoted some portion of the evidence of this D.W.4 in its judgment. This D.W.4 in cross-examination has stated that his nayeb Ahmad Ali Pramanik used to negotiate the transfers of land by him and in many cases he took the consideration money also from the purcha......he facts necessary for disposal of this civil petition for leave to appeal are as follows:- 3. This leave petitioner, as plaintiff, filed Other Suit No.52 of 1999 for declaration that the kabala deed dated 10.11.19.75 executed by the defendant No.12 in favour of the predecessor of the defe..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
....14/34 of the Penal Code. Prosecution having examined 28 (twenty eight) witnesses, (the evidence was) closed the evidence and the case was fixed for hearing of arguments and at that stage the case was transferred from the Court of Sessions, Madaripur to the Druto Bichar Tribunal No.1, Dhaka by gazett......per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Anti-Corruption Commission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....sion submitted charge-sheet in the case against the accused on 12-1-2009 under section 161 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. Eventually, the case was transferred to the Court of Divisional Special Judge, Barisal for disposal and was registered as Spe......ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
......Respondents Order January 2, 2012. Result: The Civil Petition for leave to appeal be dismissed. Whether the pre-emptors owned and possessed any land contiguous to the land transferred. The schedule of the sale deed in question is an important indication to show the p......12. Result: The Civil Petition for leave to appeal be dismissed. Whether the pre-emptors owned and possessed any land contiguous to the land transferred. The schedule of the sale deed in question is an important indication to show the presence of any government or public road in..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)
....hest bidder made the auction sale absolute. Meanwhile with the proclamation of the Artha Rin Adalat Ain, 2003 the said title execution case was renumbered as Title Execution Case No.3 of 2003 and was transferred to the Artha Rin Adalat No.4, Dhaka for disposal. In this Adalat the sale deed was execu......ha Rin Adalat Ain, 2003 the said title execution case was renumbered as Title Execution Case No.3 of 2003 and was transferred to the Artha Rin Adalat No.4, Dhaka for disposal. In this Adalat the sale deed was executed and registered as per due process of law on 10.07.2003 and the possession also of ..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....m November 6, 1973. BJMC being satisfied with the service of the petitioner promoted him as Accounts Officer; while he had been performing his duties as Accounts Officer in BJMC, he was temporarily transferred to Latif Bawani Jute Mills on 31st December, 1976 and later on, he was withdrawn on Apri......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
.... a criminal revisional application under section 439A of the Code of Criminal Procedure before the Sessions Judge, Tangail resulting in the initiation of Criminal Revision No.5 of 2009, which on transfer was heard by the learned Additional Sessions Judge, Second Court, Tangail, who rejected the...... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
....0 of the Code of Civil Procedure that 3rd party petitioner claimed the suit land on the basis of prior heba-bil-ewaj deed and also by purchase from defendant No.1 and title and possession having been transferred and delivered to the applicant, as such, if any decree be passed against title and pos&s......table The averments and statement made in the application under Order I Rule 10 of the Code of Civil Procedure that 3rd party petitioner claimed the suit land on the basis of prior heba-bil-ewaj deed and also by purchase from defendant No.1 and title and possession having been transferred and d..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....appearing in the evidence against an accused charged with murder and theft, the accused cannot be convicted of murder unless the Court is satisfied that possession of the property could not have been transferred from the deceased to the accused except by the former being murdered". 8. Reilly, J, ...... occurrence that the accused and their parents used to threaten them for compromise, that out of fear of reprisal, they were bound to compromise as he was a poor van puller. He produced a copy of the deed of compromise which was marked as Exhibit-Ka. The substance of his evidence is that the wit..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
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